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Is a nikah still valid if the agreed-upon mehr amount is different on the signed papers?

Answered as per Hanafi Fiqh by Muftisays.com
i recently got married. due to time that nikah was signed on blank paper both by my family and the bride’s family. the mehr was agreed upon by both parties. but when we recieved the nikah papers it had different amount for mehr. in this case is the nikah still vaild.


Answer

Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

Regarding the above situation, as long as both contractors and witnesses know the amount of Mahr that was agreed at the time of the contract of Nikah, then the former amount will presume as the Mahr and not the latter amount. This will not effect the validity of Nikah.

In addition, it is mentioned in Hidaya, that the contract of Nikah is valid even if no Mahr is named in it (That is, it is not like other commutative contracts where a counter value has to be paid from both sides). The reason is that Nikah is a contract of joining and union in its literal meaning and is, therefore, complete with two spouses. Thereafter, Mahr is obligatory according to Shari’ah. Consequently, there is no need of mentioning it for the validity of the Nikah.

(Hidaya, Chapter: Mahr (Dower))

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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